'At the expense of the claimant': A fresh look

Journal article

Unjust enrichment has been subjected to a new wave of academic scepticism. This article argues that to protect the subject from needless attack, we must make clear that ‘at the expense of’ is a narrower notion than has often been thought. A wide ‘but for’ causal approach to ‘at the expense of’ must be rejected. Instead, drawing on the Wilburg-Von Caemmerer taxonomy of German law, the argument is made that it is helpful to recognise a distinction between the conferral of a benefit on D by C an...

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Authors: Burrows, A

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Marenex Press Publisher's website
• Journal: Restitution Law Review Journal website
• Volume: 25
• Publication date: 2018-04-01
• Acceptance date: 2017-11-02
• ISSN: 1351-170X